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<br />RESOLUTION NO. 4447 <br /> <br />. <br /> <br />CITY OF MOUNDS VIEW <br />COUNTY OF RAMSEY <br />STATE OF MINNESOTA <br /> <br />RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH <br />REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE <br /> <br />BE IT RESOLVED by the City Council (the "Council") of the City of <br />Mounds View, Minnesota (the "City"), as follows: <br /> <br />1. Recitals. <br /> <br />(a) The Internal Revenue Service has issued Treasury <br />Regulations, Section 1.150-2 (as the same may be amended or <br />supplemented, the "Regulations"), dealing with "reimbursement <br />bond" proceeds, being proceeds of the City's bonds used to <br />reimburse the City for any project expenditure paid by the City <br />prior to the time of the issuance of those bonds. <br /> <br />. <br /> <br />(b) The Regulations generally require that the city make a <br />declaration of intent to reimburse itself for such prior <br />expenditures out of the proceeds of subsequently issued bonds, <br />that such declaration be made not later than 60 days after the <br />expenditure is actually paid, and that the bonding occur and the <br />written reimbursement allocation be made from the proceeds of <br />such bonds within 18 months after the later of (1) the date of <br />payment of the expenditure or (2) the date the project is placed <br />in service (but in no event more than 3 years after actual <br />payment) . <br /> <br />(c) The City heretofore implemented procedures for compliance <br />with the predecessor versions of the Regulations and desires to <br />amend and supplement those procedures to ensure compliance with <br />the regulations. <br /> <br />(d) The City's bond counsel has advised the City that the <br />Regulations do not apply, and hence the provisions of this <br />Resolution are intended to have no application, to payments of <br />City project costs first made by the City out of the proceeds of <br />bonds issued prior to the date of such payments. <br /> <br />2. Official Intent Declaration. The Regulations, in the situations <br />in which they apply, require the City to have declared an official intent <br />(the "Declaration") to reimburse itself for previously paid project <br />expenditures out of the proceeds of subsequently issued bonds. The Council <br />hereby authorizes the City Clerk-Administrator or City Finance Director to <br />make the City's Declarations or to delegate from time to time that <br />responsibility to other appropriate City employees. Each Declaration shall <br />comply with the requirements of the Regulations, including without <br />limitation the following: <br /> <br />(a) Each Declaration shall be made not later than 60 days after <br />~ayment of the applicable project cost and shall state that the City <br />easonably expects to reimburse itself for the expenditure out of the <br />roceeds of a bond issue or similar borrowing. Each Declaration may be <br />made substantially in the form of the Exhibit A which is attached to and <br />made a part of this Resolution, or in any other format which may at the <br />time comply with the Regulations. <br />